The tariff classification of Halloween Light-Up Bottles from China.

N252722 April 28, 2014 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Ms. Lorianne Aldinger Rite Aid Corporation P.O. Box 3165 Harrisburg, PA 17105 RE: The tariff classification of Halloween Light-Up Bottles from China. Dear Ms. Aldinger: In your letter dated April 10, 2014, you requested a tariff classification ruling. You submitted an assortment of three designs of Halloween Light-Up Bottles, identified as item number 9024145. Each glass bottles measure approximately 11 inches in height x 3 inches in diameter and feature a corked top. Each bottle also has a black lace bow tied around the bottle and a simulated “aged” exterior. The first design, “Spider Cider”, depicts a black spider and the words “Happy Halloween.” The second design, “Witch Brew”, depicts two witches flanking a black cauldron and the words “Happy Halloween.” The third design, “Corpse Concoction”, depicts a skull and crossbones and the words “Happy Halloween.” The bottles are lit from within by battery operated LED lights operated by a slide switch on the underside of each bottle. When the slide switch is moved to the on position, the bottles are illuminated. Although the decorations are shaped like bottles, they are not functional articles that serve as containers for the storage of liquids or for any food or drink use. Instead, the “Halloween Light-Up Bottles” are advertised, marketed and sold only for Halloween, and will be used strictly as Halloween decorations that will stand upright on a flat surface, such as a window sill. Your samples will be returned as requested. The applicable subheading for item number 9024145 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” The rate of duty will be Free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Wayne Kessler at [email protected]. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division